The Safety, Rehabilitation and Compensation Act 1988 provides for a range of benefits, including payments for loss of income, payment of medical and rehabilitation costs and payment of lump sum compensation for permanent impairment suffered as a result of ADF service rendered prior to 1 July 2004. It also provides compensation to the dependants of current or former Australian Defence Force (ADF) members who die as a result of their service rendered prior to 1 July 2004.
Benefits are available to members and former members of the ADF including reservists, cadets, officers and instructors of cadets and certain persons declared by the Minister to be Commonwealth employees.
Safety, Rehabilitation and Compensation Act 1988
Part II, Division 3
To provide income replacement for economic loss suffered by members and former members of the ADF who are incapacitated for service or work as a result of injury or disease resulting from ADF service rendered prior to 1 July 2004 and for which liability is accepted under the SRCA.
Incapacity payments under the SRCA may be made to members and former members of the ADF, including reservists, cadets and declared members, who are incapacitated for service or work as a result of an injury or disease for which liability is accepted under the SRCA.
1 December 1988
The original intent has not changed.
Nil
Safety, Rehabilitation and Compensation Act 1988
Part II, Division 1 – Section 16
Part XI, Division 2 – Sections 144A and 144B
Provides treatment in accordance with the VEA Treatment Principles or the MRCA Treatment Principles through the DVA Health Card arrangements. In highly exceptional circumstances, treatment can be provided on a reimbursement basis, where the client has long term severe injuries. It also provides reimbursement of the costs incurred in connection with a journey taken to obtain medical treatment or to attend medical examination in respect of a claim, provided the journey covered a substantial distance (i.e. at least 50 km return trip) or if the journey involved the use of public transport or ambulance services, regardless of the distance involved.
Members and former members of the ADF who require medical treatment for an injury or disease which has been recognised as being service related under the SRCA.
1 December 1988
To provide compensation for the reasonable cost of medical and other treatment, which it was reasonable for the employee to obtain in respect of an injury or disease that has been accepted under SRCA.
1992 |
Section 7 of the Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1992 (No 264/1992) amended S 16 of the 1988 Act by omitting S 16(6) and (7) and substituting new subsections; the amendments commenced on 24 December 1992. The amendment clarified the appropriate rate of reimbursement for travel for medical treatment and the circumstances in which payment will be made. Under the new arrangements, the Minister for Employment and Workplace Relations is empowered to declare a rate per kilometre and Comcare is able to determine a reasonable length of a journey. The amendments only apply to journeys made after 24 December 1992. |
2013 |
On 10 December 2013, section 144A and 144B of the SRCA were introduced which provided access for SRCA clients to the DVA Treatment Principles and DVA Health card arrangements. |
Safety, Rehabilitation and Compensation Act 1988
Part II Division 5 Section 29
Household services are services of a domestic nature provided for the reasonable requirements of members and former members of the ADF who have seriously incapacitating medical conditions for which the Commonwealth has been found liable to pay compensation under the SRCA.
Assistance with household duties may be provided to a member or former member of the ADF who is unable to carry out duties of a domestic nature that are required for the proper running and maintenance of his or her household due to an accepted condition. Such services may include cleaning around the home, washing, ironing and assistance with garden maintenance. The services may be provided up to a weekly limit of $442.40. However, the ability of other members of the household to carry out such tasks is considered when reasonable needs are assessed
In deciding whether there is a reasonable entitlement to compensation for household services, an assessment by a suitably qualified professional (most often an Occupational Therapist) is usually obtained.
1 December 1988
The original purpose/intent of household services is to minimise the impact of injury or disease. This has not changed.
Nil
Safety, Rehabilitation and Compensation Act 1988
Part II Division 5 Section 29
Attendant care services are provided for the reasonable requirements of members and former members of the ADF who have a seriously incapacitating medical condition for which the Commonwealth has been found liable to pay compensation under the SRCA. They are provided to minimise the impact of injury or disease.
Members and former members of the ADF who have a seriously incapacitating medical condition for which the Commonwealth has been found liable to pay compensation under the SRCA.
If, because of the accepted condition, attendant care is needed for personal care such as bathing, dressing, administering medications, or other similar assistance, the RCG may pay for such care up to a weekly limit of $442.40.
1 December 1988
Attendant care services are such services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the employee. The types of services that can be covered include personal hygiene (bathing and toileting), grooming and feeding of an injured employee.
Nil
Safety, Rehabilitation and Compensation Act 1988
Part III Division 1, Division 2, Division 3
Members and former members of the ADF who have suffered an injury resulting in incapacity for work or an impairment, for which the Commonwealth has been found liable to pay compensation under the SRCA and who have been assessed as having the capacity to take part in a rehabilitation program.
1 December 1988
The aim of rehabilitation is to restore an injured individual to their fullest possible physical, psychological, social and vocational capabilities.
Depending on the individual's circumstances, a rehabilitation program may involve re-training the injured employee for appropriate work and modification to the workplace to facilitate his or her return to the work force.
In all cases, regardless of whether a return to employment is possible or not, other forms of rehabilitation may be provided to help the employee cope with the effects of the compensable injury or disease. These other forms of rehabilitation may include the provision of aids and appliances, modifications to an injured member's home and/or vehicle as well as other activities designed to restore an injured person's lifestyle as close as possible to their pre-injury level.
Nil
Safety, Rehabilitation and Compensation Act 1988
Part II, Division 4
To provide lump sum compensation benefits to those who suffer a permanent impairment as a result of an injury or disease for which there is a liability to pay compensation under the SRCA. In some cases, lump sum compensation can also be awarded to the dependants of a member or former member of the ADF who is severely injured.
Members and former members of the ADF who have suffered a permanent impairment as a result of an injury or disease due to service rendered between 1 December 1988 and 30 June 2004 inclusive, may be entitled to a lump sum payment of compensation under the SRCA.
1 December 1988
To compensate members, former members of the ADF, or their dependants, for the effects of an injury or disease for which the Commonwealth has accepted liability and which has resulted in a minimum of 10 per cent whole person impairment (WPI), or 5 per cent WPI in certain instances.
1989 |
The first edition of the Approved Guide was tabled in 1989. Section 28 of the SRCA establishes the Approved Guide and mandates its usage in the assessment of compensation for permanent impairment and non-economic loss. The Guide to the Assessment of the Degree of Permanent Impairment is an Approved Guide. It is set out in two parts: Part 1 is for claims made under the SRCA by employees who are not members of the ADF. Part 2 is used to assess Defence-related claims for current and former members of the ADF. |
2001 |
With effect from 1 October 2001, the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (No 144/2001), amended S 25(4) and added S25(5) to provide that a reassessment for hearing loss can be made where there is a subsequent increase in the degree of a compensated hearing loss of 5 per cent (previously 10 per cent) binaural hearing loss (2.5 per cent WPI) or more. This beneficial provision may be applied only in relation to claims for hearing loss resulting from an injury that occurred on or after 1 October 2001. |
2005 |
The second edition of the Guide was released in 2005 and applies to claims received prior to 1 December 2011. |
2011 |
The current edition of the Guide, Edition 2.1 was released in 2011 and applies to claims received on or after 1 December 2011. |
Safety, Rehabilitation and Compensation Act 1988
Part II, Division 2
To compensate those who were wholly or partly dependent on members or former members of the Australian Defence Force (ADF) who have died as a result of an injury or disease related to service rendered between 1 December 1988 and 30 June 2004 inclusive.
The dependants of a member or former member of the ADF who dies as a result of an injury or disease for which the Commonwealth has been found to be liable to pay compensation, may be entitled to:
1 December 1988
To provide compensation for those dependent for economic support on an employee who dies in compensable circumstances.
The original intent has not changed.
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